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Madras High CourtCRL OP/13134/2026granted

Hari Sudha v. State Rep By Its,

2026-05-14Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Hari Sudha ..Petitioner(s) Vs The State Rep. by The Inspector of Police, Virinchipuram Police Station, Vellore District.

Crime No.10 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the Petitioner on anticipatory bail in the event of her arrest in connection with Cr. No.10 of 2026 on the file of the respondent Police. For Petitioner(s):

Mr.C.Deepak Kumar For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl Side)

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 3(1), 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in connection with the case in Crime No.10 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner alleged to have involved in Immoral Trafficking activities and incriminating materials such as

Condoms and Mobile Phones were seized from the accused.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case and that custodial interrogation is not required in this case and the co-accused has been released on bail. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that investigation is pending and there is no previous case against the petitioner however he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side nature of offences and that no previous case is pending against the petitioner and that co-accused has been released on bail, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial MagistrateIV, Vellore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.00 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as

laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

14-05-2026 Index: Yes/No Speaking/Non-speaking order ssb/mtl Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate-IV, Vellore,

2. The Inspector of Police, Virinchipuram Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

ssb/mtl 14-05-2026